In the matter of Holideck Pty Limited [2015] NSWSC 2066

The condition in r 23.8 is satisfied as expert inspection will enable proper determination of the matter, justifying an order for access to the property and further orders regarding mediation and adjournment.

Jurisdiction: Australia
Judgment Date: 15 June 2015
Procedural Posture: Interlocutory Application / Order for Inspection and Referral to Mediation
Outcome: Interlocutory orders granted for inspection, mediation, and directions; plaintiff to pay first defendant’s costs of the notice of motion.
Legal Topics: ['inspection of Property' 'order for Expert Access' 'referral to Mediation']

['civil Procedure' 'corporations' 'equity'] ['inspection of Property' 'order for Expert Access' 'referral to Mediation']

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Procedural Posture

Interlocutory Application / Order for Inspection and Referral to Mediation

Legal Issues

1 ['Whether inspection of property should be ordered to enable proper determination of matter in the proceedings' 'Whether the defendant should consent to or apply for building certificate' 'Application of order for expert inspection under Uniform Civil Procedure Rules 2005, r 23.8']

Ratio Decidendi

Court Disposition

Interlocutory orders granted for inspection, mediation, and directions; plaintiff to pay first defendant’s costs of the notice of motion.

Orders

["Plaintiffs to permit building expert appointed by first defendant to inspect Unit 3/28 Reddall Street, Manly, at reasonable time(s) on not less than seven days' notice." "Liberty to apply on two days' notice for issues arising regarding inspection." 'Defendants to serve any expert evidence arising from the...